Legal Question in Landlord & Tenant Law in New York

Warranty of Habitability

There was a fire in the basement of the building I rent in and all electricity and gas was shut off. It has been 2 1/2 weeks and the electricity and gas is still not back on. According to the landlord and superintendent, it is not their fault and Con Edison continually fails to show up. I have been unable to live in my apartment during this time. Can I deduct this period of time from my rent?


Asked on 6/07/04, 9:27 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Warranty of Habitability

Read your lease. The answer should be yes.

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Answered on 6/07/04, 9:39 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Warranty of Habitability

In New York, absolutely, yes.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/07/04, 9:57 am
Steven Czik CZIK LAW PLLC

Re: Warranty of Habitability

Usually in NY you would have every right to have that rent deducted landlord tenant matters are our specialty..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 6/07/04, 2:22 pm


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